MINISTRY OF WOMEN AFFAIRS, GENDER AND COMMUNITY DEVELOPMENT PRESENTATION BY CAROLINE MATIZHA

Background and Introduction to the Protocol

 SADC Recognizes Gender Equality as a fundamental human right and an integral part of regional integration and economic growth and Development.  The SADC Regional Indicative Strategic Development Plan (RSDP) states the importance of gender equality as a strategy towards sustainable development.

 In 1990 the SADC Council of Ministers mandated SADC Secretariat to explore ways to incorporate gender in the SADC Program of Action.  This culminated in the establishment of the SADC Gender Unit in June the SADC Gender Unit in June 1996.

 In September 1997 SADC Adopted the Declaration on Gender and Development.  The Declaration called on Member States to – address issues of women participation in decision making reform of discriminating laws, women’s access to resources, girls education, GBV among others.

 An analysis of the social, cultural and economic situation of the SADC region showed that Gender inequalities still persist in all SADC countries.  In 2000, SADC Ministers for Gender called for the upgrading of the SADC Declaration into a protocol.

 The Council of Ministers in August 2005 recommended to the Heads of State that the SADC Declaration be upgraded into a Protocol the most binding of the SADC instruments.  Establishment of Regional Taskforce on the Protocol consisting of Government and regional NGOs to provide technical support and guidance to the process and strategic advocacy and lobbying activities

 Alliance on the Protocol  Technical round table of experts (legal and gender experts)  Zero Draft of the Protocol 2006

 From 2006 Regional and National Consultations on the Protocol Ministers for Gender and Ministers for Justice cleared the Protocol for presentation to Summit Ministers for Gender and Ministers for Justice cleared the Protocol for presentation to Summit.

 Protocol was presented to the 2007 Heads of State Summit  It was deferred because of the following reasons:

1. Member states had not done adequate consultation on the Protocol. 2. There was need to harmonize some provisions of the Protocol with other SADC Protocols already in place for example Protocols on Health, Education, Communication and Maseru Declaration on HIV and Aids.

3. Use of obligatory language; some Member States felt that the language was too prescriptive to be maintained at the level of a protocol 4. The provision on ‘socially excluded and marginalized groups’. concern was that this might be interpreted as including the rights of gays and lesbians and they were not willing to take this position.

5. Marital rape was another contentious issue. While being recognised as an issue, there was need to package the language in such a way that it did not raise red flags when presented in the Protocol. 6. Rights of Cohabiting Couples were also problematic as there was concern that recognition of these rights would tacitly include recognition of the rights of cohabiting gays and lesbians.

7. Constitutional Rights; Reference to the supremacy of the constitution above supremacy of the constitution above cultural and religious rights was contentious as some countries felt that their religions or culture had to have supremacy over any constitutional rights that could be conferred on their citizens cultural and religious rights was contentious as some countries felt that their religions or culture had to have supremacy over any constitutional rights that could be conferred on their citizens

 After Summit, senior officials responsible for Gender/Women Affairs and CSO met in Zambia from 10 – 12 December  They deliberated a final draft for national consultations, focusing mainly on contentious issues.

 National Consultations (14-15 April 2008,Kadoma)  Ministers for Gender Meeting (30 April 2008)  Ministers for Justice Meeting (May 2008)

SUMMIT 2008  Lobby delegation to summit  Discussion by Council of Ministers (August 2008)  Signing by Heads of State and Government (17 August 2008)  It will come into force when at least 2/3 of member states ratifies.

 Ministry of Women Affairs, Gender and Community Development to initiate ratification.  SADC Gender Unit to call for a Regional meeting to map way forward on ratification and implementation.

Conclusion What are the Strength of the protocol?  Legally binding  Protocol will increase the pace and consistency of progress towards achieving gender equality in the region.  Addresses emerging gender issues  Rationalizing all existing commitments.  Provides accountability and monitoring mechanisms – standard reporting framework for the region, agreed targets and indicators in the identified areas, annual reporting.

THANK YOU.